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McBrayer Blogs

Showing 24 posts in Employee Hazards.

Keeping Off-The-Clock Work On Your Radar

There are lots of things that an employer must be mindful of on an ongoing basis, but near the top of that list should be the prohibition of non-exempt employees’ off-the-clock work. This common problem can easily escape an employer’s attention, but it can have an incredibly negative and costly impact if an employee (or, employees) brings a wage and hour suit. Just ask LinkedIn. More >

The Five P’s of an Unannounced DOL Visit

Department of Labor (“DOL”) inspections are on the rise. Sometimes, advance notice is given as to when an investigator will be arriving; other times, the investigator may decide to make an unannounced visit. When an investigator shows up unannounced and ready to conduct an immediate wage and hour investigation, it can be a nerve-racking experience for any employer. The first thing to do is remain calm and approachable – you do not want to get off on the wrong foot with any federal investigator. The next thing to do? Keep in mind the 5 P’s! More >

Don’t Get Burned With Teens Working During Summer Months

Ah, summer. Crowded pools, yards in need of tending, restaurants overflowing with customers – all present the perfect work opportunity for teenagers. For employers, hiring a seasonal or temporary workforce of teenagers comes with a few extra things to keep in mind. The federal law controlling child labor is the Fair Labor Standards Act, but Kentucky also has its own set of child labor laws with which employers must comply. As the summer heats up, remember these things to avoid getting burned with legal troubles: More >

Cloud Concerns for Employers: Part 2

Posted In Employee Hazards, Employment Law, Social Media Ownership

Earlier this week, I discussed the possibility of increased wage and hour claims that go along with the increased use of cloud platforms. Today, let’s explore another potential problem that clouds can cause in the workplace. More >

Mind Regulations When It Is Time To Mine

The Department of Labor recently issued a reminder to employers involved in the mining industry. As spring (slowly) approaches, surface mines will reopen. As miners head back to the job site and prepare equipment for the new season, potential for injury is high. More >

Dealing with the DOL at Your Door, Part II

Much of the anxiety that a Department of Labor (“DOL”) Wage and Hour Division (“WHD”) investigation causes is due to the mystery of the investigative process. In this case, what you don’t know can hurt you. If an employer is unaware of the process or its demands, too much or too little information may be handed over – resulting in negative consequences. Let’s take a look at how the investigation will be conducted once the DOL investigator steps inside the workplace. More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal, Cont.

Posted In Crystalline Silica, Employee Hazards, Employment Law, OSHA

As discussed on Monday, the permissible exposure level (“PEL”) for crystalline silica may soon be changing. OSHA has proposed a rule that would establish a new PEL, along with other safety measures to protect against the hazardous material. It should be kept in mind that any federal regulation set is the minimum standard that an employer must adhere to; it is always permissible for an employer to set more stringent requirements (in this case, a lower PEL) for their workplace. In addition, here are some recommended tips for employers whose workforces encounter crystalline silica: More >

Comment Period Almost Over for OSHA Crystalline Silica Proposal

Posted In Employee Hazards, OSHA, Permissible Exposure Level ("PEL")

In August 2013, the Occupational Safety and Health Administration (“OSHA”) announced a proposed rule regarding workplace exposure to crystalline silica. The proposal includes two separate standards – one for general industry and maritime employment, and one for construction. More >

Don’t Want Your Injury and Illness Reports Online? Submit Your Comments to OSHA Now!

In a proposed rule appearing in the Federal Register on November 8, 2013, the Occupational Safety and Health Administration (“OSHA”) publicized its intention to bring about drastic changes to employer reporting and recordkeeping practices. The proposal followed the agency’s annual Occupational Injuries and Illnesses report, which estimated that three million workers were injured on the job in 2012. More >

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